CLA-2-72:S:N:N1:118 849918

Ms. Deborah J. Clune
PBB U.S.A. Inc.
P.O. Box 950
Buffalo, N.Y. 14213

RE: The tariff classification of ferrosilicon (Duramet) from Canada.

Dear Ms. Clune:

In your letter dated February 16, 1990, on behalf of Washington Mills Electro Minerals Corporation, you requested a tariff classification ruling.

The trade name for this product is Duramet. Your literature indicates that it is ferrosilicon in fine powder form. A typical analysis by weight is as follows:

Iron (Fe) 75 - 80% Silicon (Si) 14 - 18% Titanium (Ti) 4 - 8% Alumina (Al) 1 - 2% Carbon (C) 0 - 1% Cr+Mg+V+MN+Ni < 1% + Cu+Zr+Mo

(This ruling will only apply to ferrosilicon having a titanium content of 10% or less).

In use, the ferrosilicon will be added to a slurry of water, metals, and other materials for use in heavy media separation of metal ores. Electricity is introduced to the slurry, which creates an electromagnetic effect causing the materials in the slurry to separate at various levels based upon their specific gravities.

The applicable subheading for the ferro silicon will be 7202.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for ferrosilicon: other ... The rate of duty will be free. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport